by M Dowling, Independent Sentinel:
Former US attorney Andrew McCarthy, writing for The National Review, explained that what happened to Daniel Penny on Friday after the jury was deadlocked was a “disgrace.”
The jury deliberated in the Daniel Perry homicide trial for four days and found they were deadlocked on 2nd-degree manslaughter.
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What the Soros District Attorney Alvin Bragg did next was disgraceful, as McCarthy said. The jurors were charged with coming back on Monday to consider a second charge, one of reckless endangerment.
It’s New York, so the New York judge went along with it. Specifically, Count 2 is criminally negligent homicide.
Daniel Penny could get up to four years in prison, plus he’ll have a felony on his record for the rest of his life.
McCarthy said that Bragg added the baseless recklessness charge to the indictment so the jury would have two counts, increasing the odds of conviction. Bragg is basically strong-arming the jury to come up with a conviction. McCarthy said this is not even “remotely a recklessness case”. Penny “did not wantonly disregard an obvious risk of death.” There is evidence that “Penny moved nearly into a position that would make breathing easier as he waited for the police to come.” He “fully cooperated” with police.
“He did not even know Neely was dead when he voluntarily spoke to the police” and explained what happened. “He wasn’t trying to hurt Neely, just subdue him until the police arrived.”
Others who joined Penny in restraining Neely were not charged.”
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Originally Posted at https://www.sgtreport.com